My architect is incompetent and I want my money back.

October 13, 2010 8:17 AM

Would it be unethical and/or illegal to tell the architect I will file a formal complaint with the state licensing board unless he gives me a refund?

In mid 2009 I hired a licensed architect to determine the size and type of addition I could add to my existing house, within the limitations of all relevant zoning and setback codes for my property. Once it was determined what could be built, I allowed the architect to design the appropriate addition and the plans were paid for and delivered to me. I then hired a general contractor and the signed plans were delivered to the appropriate zoning and construction code officers for approval.

The plans were rejected shortly because in the FEMA flood zone my house is located and because of the square feet I am adding, FEMA requires that the entire house be raised above a certain elevation (2 extra feet in my case.) These rules were issued before 2005 and other architects I’ve spoken with agree that my architect should have been aware of these rules in the original plans.

Already well into the project, I authorized the architect to draw up with new plans, which he eventually did and which were compliant with the relevant codes. The architect sent me a bill for the new plans, which I ignored because as far as I was concerned, he was billing me twice; once for the rejected plans and once for the accepted plans.

Fast forward six months, my addition is halfway complete and construction inspectors ask for a letter from the architect for some minor issue. I discuss the matter with the architect and he said he won’t write the letter until the second bill is paid. At this point I am over a barrel and pay him and he releases the letter. As of today the renovation is complete and I know longer need the architect’s services.

I plan to ask the architect for a refund on the second set of plans I paid for.

My questions for mefites are?

Would it be unethical and/or illegal to tell the architect I will file a formal complaint with the state licensing board unless he gives me a refund?

In other words, while I believe he essentially extorted me, would threatening him with a complaint amount to something illegal on my part?

Bonus question: Should I ask him for compensation for the extra costs I incurred associated with having to rent another house for three months longer than I expected too?

posted by otto42 to law & government (12 answers total)

He has errors and omissions insurance. his FEMA negligence should have covered that. The second set of plans were a revision to the originals; they should have been part of the original cost - you paid him for the plans and for relevant code compliance research. The extra three months, hmmm...unless the contract specifically had a drop-dead date with liquidated damages equal to the cost of the offsite housing, you're probably on the hook for that.

I am not a lawyer. I am not an architect. I am an engineer in training with five years experience in commercial construction. I am not your engineer. ;)
posted by notsnot at 8:23 AM on October 13, 2010

Would it be unethical and/or illegal to tell the architect I will file a formal complaint with the state licensing board unless he gives me a refund?

Using the words "unless" and "if" might make it would like a threat. I think you should tell him that you plan to file one complaint for his gross mistake, and another for his shady business tactics. He might then feel that a refund is his idea and the best way to convince you not to report his shady dealings (which I think you should anyway).

In other words, while I believe he essentially extorted me, would threatening him with a complaint amount to something illegal on my part?

IANAL and all that, but I don't believe that telling someone you plan to use an available, legal way to file a complaint against someone is illegal (or even morally wrong). Isn't this WHY there are state licensing boards in the first place?

Bonus question: Should I ask him for compensation for the extra costs I incurred associated with having to rent another house for three months longer than I expected too?

Yes, and you should do this in your formal and polite letter that also mentions your plans to file complaints for his work and business dealings. Better yet....have a lawyer do it on letterhead. Prepare for him to dig his heels in, so keep that lawyer on speed dial.
posted by motsque at 8:49 AM on October 13, 2010 [3 favorites]

How much money is at stake here? "Worth suing" money? If not, consider it lost money. File the complaint, or don't. But don't wrap your decision-making in this aggressive confrontation.
posted by mkultra at 9:17 AM on October 13, 2010

It is not unethical or illegal. This calls for a "demand letter". You can do this yourself.

Demand Letter (from eHow):

1 At the start of your letter, write that you are writing the letter with the intention of settling or resolving the situation.
2
Briefly recite or describe the facts of the situation from your point of view. You should attempt to do this in a logical fashion. Example: On the afternoon of January 24, I dropped my suit jacket at your place of business. When I returned on the evening of January 25, you indicated that you had no records concerning my suit jacket, and that you were not responsible for missing items. Despite my insistence that I dropped the jacket off, you refused to acknowledge such facts.
3
Then, if you believe the other party is at fault or has acted inappropriately or in a manner that has wronged you, describe that next in your letter. To continue with the example: I am disappointed that you have failed to accept responsibility. Your business had custody of my suit jacket, and while it was in your custody, it has since disappeared. Given these facts, your business is solely responsible for the lost item, and I am entitled to the fair value of the jacket.
4
Last, make your demand, whether it is for corrective action or a demand for a refund. It is probably a good idea to put a time trigger on the demand to allow the other party to attempt to take corrective action. To continue with the example: My suit jacket is worth $100, and I ask that you provide me with this amount within ten days of receipt of this letter. If you fail to pay this amount, or contact me to discuss a reasonable resolution, please be advised that I am prepared to exercise any available legal rights against your company.


Read more: How to Write a Legal Demand Letter | eHow.com http://www.ehow.com/how_4803087_write-legal-demand-letter.html#ixzz12G7Lb5Z6

Note:
(You must send this certified return receipt requested. Make such you include all dates and formal FEMA code numbers, any violation codes).

With this letter it is implied that you will go to all lengths available to you. Mark the 10 days onto your calendar and if you have not heard from him by then file papers with the organizations and sue him (you can do that yourself too, but it depends on how much $ it is that he owes you).
posted by naplesyellow at 10:04 AM on October 13, 2010 [2 favorites]

I am not yet a lawyer; the following is meant not as legal advice but as commentary that will help you decide whether to legal advice in your jurisdiction.

Bizarrely, a surprising amount of extortion law comes down to the way you phrase your request: "I am dissatisfied enough that I am considering a formal complaint, I feel that you owe me a refund, and I wonder whether you have plans to make things right" can have different legal implications from "I promise to ruin your career unless you give me a refund", even though the sentences may amount to the same proposition.

So, as in every case when you are concerned about crossing a legal line, be conservative in how you approach this, or obtain specific legal advice.

(By the way, is your ethical concern that it would be wrong to turn someone in for wrongdoing -- or that it would be wrong to offer to abstain from turning someone in who, having faced no sanction, could go on to screw future clients?)
posted by foursentences at 10:18 AM on October 13, 2010 [1 favorite]

Your architect is not totally incompetent, you have a finished product.

Did you tell him up front when the plans were rejected that you didn't expect another bill for him to get the plans approved?

Using your language he said there would be additional work and you "authorized" it, then refused to pay him for services that you told him to do.
posted by outsider at 10:40 AM on October 13, 2010

One thing you should check is if the state licensing board deals with "fee disputes." Lawyer-policing outfits for instance will often disregard anything that seems like a "fee dispute," even in the case such as this, when it's a dispute about whether there should be two fees, which is NOT to my mind a fee dispute, but others see differently.
posted by RJ Reynolds at 10:53 AM on October 13, 2010

The architect clearly erred professionally in drafting plans that do not meet code. This should be the architect's problem not yours. I do not believe you handled it well by agreeing to pay for the revisions and then later not paying. Nevertheless, this is not your error, it is the architect's error. Even though you may have already agreed to pay correct his malpractice it was still malpractice. I would approach him again, admit you were wrong in authorizing new work for additional fees rather than demanding correction without new fees, and be prepared to defend that action. Did you feel pressured, by exigencies of time, your inferior knowledge of the subject, etc.? Rather than a lawsuit this can hopefully be settled reasonably. The architect should stand behind his work and take responsibility for his mistake. You do have options, such as reporting this to the licensing board and a suit for damages which includes the cost of the revised plans and any expenses you incurred because of his malpractice (construction delay expenses etc.). Hopefully you don't have to send that letter but naplesyellow gave you a good one. In all of this remain respectful and don't lose your cool, but don't let yourself get pushed around either. The refusal to send the letter to the inspector by the way only adds to your consequential damages. A polite reminder of this might get this letter sent while the two of you continue to dicker over payment for the revised plans. You do not want to just stay silent because the architect may very well be able to file the equivalent of a mechanic's lien against your property. You want this issue resolved. You might also check into the statute of limitations for bringing a malpractice or breach of contract action. As this heads more towards actual litigation and away from a gentlemen's agreement you know you are going to need to enlist the aid of a licensed attorney.
posted by caddis at 11:46 AM on October 13, 2010

Well, there's only one way to determine whether this was an oversight and that's through some legal channel. As mentioned in the other thread, it's possible that the architect could not have known about this issue. You were wrong to not establish a way to resolve this extra work/payment at the time. But keep in mind, you paid him 10k and now you would like 25-50k in restitution. No way is he gonna cough that up. His insurance may cover some or all of your claim but thinking that you can threaten him with professional harm in order to get paid probably isn't going to work and may open you up to a libel suit. He's an architect; he doesn't have 50k lying around because you failed to plan for contingency.

If you want money, you need to file an insurance claim. If you feel he was negligent, do report him.
posted by amanda at 12:15 PM on October 13, 2010

Amanda - I'm not looking for the architect to pay me the cost of the unexpected work. Since I went ahead with the work it is my responsibility. I'm just looking to recoup the cost of the second set of drafts I was charged for. Thanks for your help and interest.

Also, thanks Caddis and most of the other responses so far here.
posted by otto42 at 1:31 PM on October 13, 2010

IANAL, yadda yadda.

The architect must meet the standard of reasonable care for the profession; he absolutely should have known about the FEMA flood zone rules, and was negligent in his preparation of the first set of plans. The right thing for him to do, once he learned of his error, would be to apologize to you and prepare the corrections free of charge.

Unless your contract stipulated a performance schedule with a liquidated damages clause, you probably wouldn't have recourse for the extra costs you incurred, but you certainly don't owe him additional money to fix the plans he screwed up the first time.

You probably should have rejected his second invoice in writing, so it was clear to both parties that you were disputing the charges. It was also a mistake to cave and pay the invoice in a moment of need; now it looks like you were a deadbeat who finally paid up when you needed the architect again.

(for future reference, you could have worked something out with the building inspector or found a different architect to provide the documentation.)

Write him a demand letter as described above by naplesyellow, and if he ignores you, take it up with the licensing board (and the AIA, if the architect is an AIA member). It's a lot harder to get money back than to not pay in the first place, but you have a valid complaint and a bit of leverage. Good luck.
posted by Chris4d at 11:03 AM on October 14, 2010

I'm a structural engineer who does a fair amount of home design (3 years in the US before moving abroad).

Though I've never worked in Louisiana, it seems like this flood zone requirement is a common code requirement. It seems any architect licensed to work in the state would be expected to design according to such a requirement. It seems negligent to me that he missed it.

Common practice is to not bill for work generated by your own negligence. It's possible that your architect may be trying to fleece you since you're not an experienced builder/contractor. The important thing here is what is written on the contract you signed. Usually contracts are written such that a design is produced in-line with local codes and practices. Review it carefully and don't try to sue him unless your contract supports your view of the matter, as it will just mean more time and money wasted on your part.
posted by hootenatty at 3:06 PM on October 15, 2010